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ivy_white

Guest
What is the name of your state? New York
I am a student of business law studies. I have got a case study of contract law. I've no idea about it. I need some help about it.

Lisa owns a late model computer. but Lisa wants to pay her student loan and so she decides to sell it. She thought her friend Tom might want to buy it. Tom knew all about Lisa's computer as he had used it to do his assignments when he was at university.

On 1 April Lisa wrote and sent in the mail a letter to Tom. It said:
" I need to sell my computer-the ome you used last year for your work. I am selling it for $1700.00. If you want to buy it let me know by 8 april. If I don't hear from you by 8 April I will have to sell it to another buyer. The printer is not included as I want to keep it for my dad."

On 3 April Tom received Lisa's letter. That night he wrote to Lisa. His letter said: " I would like to buy your computer but the price is a bit high. I accept your offer if the printer is included for the same price. Please confirm this is in order."

As soon as Tom had written his letter he took it to the mail box and posted it.

Meanwhile on the night of 2 April Jenny(who is a friend of Lisa) went to see Lisa. Lisa told Jenny she was selling her computer. Jenney looked at it and told Lisa she would buy it in $1850.00 without printer. Lisa was happy about this.

Early the next morning(3 April) Lisa wrote anotherr letter to Tom, It said: "Forget the letter I wrote to you a couple of days ago about the computer. There is now someone else who is going to buy it."

However that afternoon he had been talking about the computer with some people he worked with. They said it was a good price at $1700.00 without printer. So Tom immideately changed his mind and decided right then he would buy the computer from Lisa for $1700.00 without printer.

Before leaving work to go home Tom wrote another letter to Lisa. It said:"Please ignore my earlier letter. I now wish to buy your computer for $1700.00 without the printer. I will come around after work on 6 April to pick it up- I will have the payment with me."

Tom put this letter in the mail box at 4:30pm on his way home from work.

On 5 April Lisa received Tom's letter dated 3 April(first letter) and on 6 April she received his letter dated 4 April(second letter).
But Lisa now says she will not sell the computer to Tom. However Tom still wants to buy it as was offered to him on 1 April by Lisa.

Questions:
1. is there a contract between Tom and Lisa, why?
2. if the position is different if Lisa's 1 April letter had been sent
by Fax instead of post and Tom replied by mail that same day,
what's happened?
3. if the position is different if Lisa's 3 April letter(second letter)
had been sent by Fax instead of post .
what's happened?
4. if the position is different if Tom's 3 April letter(first letter) had
been sent by Fax instead of post ,
what's happened?
 
Last edited:


HomeGuru

Senior Member
ivy_white said:
What is the name of your state? New York
I am a student of business law studies. I have got a case study of contract law. I've no idea about it. I need some help about it.

Lisa owns a late model computer. but Lisa wants to pay her student loan and so she decides to sell it. She thought her friend Tom might want to buy it. Tom knew all about Lisa's computer as he had used it to do his assignments when he was at university.

On 1 April Lisa wrote and sent in the mail a letter to Tom. It said:
" I need to sell my computer-the ome you used last year for your work. I am selling it for $1700.00. If you want to buy it let me know by 8 april. If I don't hear from you by 8 April I will have to sell it to another buyer. The printer is not included as I want to keep it for my dad."

On 3 April Tom received Lisa's letter. That night he wrote to Lisa. His letter said: " I would like to buy your computer but the price is a bit high. I accept your offer if the printer is included for the same price. Please confirm this is in order."

As soon as Tom had written his letter he took it to the mail box and posted it.

Meanwhile on the night of 2 April Jenny(who is a friend of Lisa) went to see Lisa. Lisa told Jenny she was selling her computer. Jenney looked at it and told Lisa she would buy it in $1850.00 without printer. Lisa was happy about this.

Early the next morning(3 April) Lisa wrote anotherr letter to Tom, It said: "Forget the letter I wrote to you a couple of days ago about the computer. There is now someone else who is going to buy it."

However that afternoon he had been talking about the computer with some people he worked with. They said it was a good price at $1700.00 without printer. So Tom immideately changed his mind and decided right then he would buy the computer from Lisa for $1700.00 without printer.

Before leaving work to go home Tom wrote another letter to Lisa. It said:"Please ignore my earlier letter. I now wish to buy your computer for $1700.00 without the printer. I will come around after work on 6 April to pick it up- I will have the payment with me."

Tom put this letter in the mail box at 4:30pm on his way home from work.

On 5 April Lisa received Tom's letter dated 3 April(first letter) and on 6 April she received his letter dated 4 April(second letter).
But Lisa now says she will not sell the computer to Tom. However Tom still wants to buy it as was offered to him on 1 April by Lisa.

Questions:
1. is there a contract between Tom and Lisa, why?
2. if the position is different if Lisa's 1 April letter had been sent
by Fax instead of post and Tom replied by mail that same day,
what's happened?
3. if the position is different if Lisa's 3 April letter(second letter)
had been sent by Fax instead of post .
what's happened?
4. if the position is different if Tom's 3 April letter(first letter) had
been sent by Fax instead of post ,
what's happened?
**A: are you really asking us to do your homework for you?
 

gobonas99

Member
Actually...I would like to know the answer to this question....A friend of mine is studying for the Business Law section of the CPA exam and will take any study material she can get! :D
 
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ivy_white

Guest
I just want to know is this a contract between those two people and if the position changed, the result would change or not?
thanks!
I am a overseas student, not really can study good and understanding as local students. I just need some advice and help! Not help me do my homework! I dont need! I also know it is not legal!!!
 
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ivy_white

Guest
I need to know urgently......
help me......
Ive no idea about the first question......
thx......
 
I

ivy_white

Guest
this case is not like the simple contract case!
I don't know how to analysis it!!!~~~
 

divgradcurl

Senior Member
Lisa owns a late model computer. but Lisa wants to pay her student loan and so she decides to sell it. She thought her friend Tom might want to buy it. Tom knew all about Lisa's computer as he had used it to do his assignments when he was at university.

On 1 April Lisa wrote and sent in the mail a letter to Tom. It said:
" I need to sell my computer-the ome you used last year for your work. I am selling it for $1700.00. If you want to buy it let me know by 8 april. If I don't hear from you by 8 April I will have to sell it to another buyer. The printer is not included as I want to keep it for my dad."

On 3 April Tom received Lisa's letter. That night he wrote to Lisa. His letter said: " I would like to buy your computer but the price is a bit high. I accept your offer if the printer is included for the same price. Please confirm this is in order."

As soon as Tom had written his letter he took it to the mail box and posted it.

Meanwhile on the night of 2 April Jenny(who is a friend of Lisa) went to see Lisa. Lisa told Jenny she was selling her computer. Jenney looked at it and told Lisa she would buy it in $1850.00 without printer. Lisa was happy about this.

Early the next morning(3 April) Lisa wrote anotherr letter to Tom, It said: "Forget the letter I wrote to you a couple of days ago about the computer. There is now someone else who is going to buy it."

However that afternoon he had been talking about the computer with some people he worked with. They said it was a good price at $1700.00 without printer. So Tom immideately changed his mind and decided right then he would buy the computer from Lisa for $1700.00 without printer.

Before leaving work to go home Tom wrote another letter to Lisa. It said:"Please ignore my earlier letter. I now wish to buy your computer for $1700.00 without the printer. I will come around after work on 6 April to pick it up- I will have the payment with me."

Tom put this letter in the mail box at 4:30pm on his way home from work.

On 5 April Lisa received Tom's letter dated 3 April(first letter) and on 6 April she received his letter dated 4 April(second letter).
But Lisa now says she will not sell the computer to Tom. However Tom still wants to buy it as was offered to him on 1 April by Lisa.

Questions:
1. is there a contract between Tom and Lisa, why?
2. if the position is different if Lisa's 1 April letter had been sent
by Fax instead of post and Tom replied by mail that same day,
what's happened?
3. if the position is different if Lisa's 3 April letter(second letter)
had been sent by Fax instead of post .
what's happened?
4. if the position is different if Tom's 3 April letter(first letter) had
been sent by Fax instead of post ,
what's happened?
1. There is no offer between Tom and Lisa. Lisa made an offer to sell on Apr 1; Tom's reply is not an acceptance, but a counter-offer. Once the counter-offer is made, the original offer is no longer in force.
2 The general difference between post and fax is that an acceptance sent by letter is generally valid upon sending, whereas a fax would only be valid upon receipt. Again, Tom's response is a counter-offer, not an acceptance, and Lisa is free to accept or not Tom's counter-offer, so the position is probably not different.
3. See 2. Wouldn't matter. In both cases (post or fax) it's a counter-offer, and Lisa would be free to accept or decline.
4. See 2.

What happened is that thereis no contract formed here. Lisa made an offer; Tom did not accept, but instead made a counter-offer, which Lisa was free to accept or decline. Jenny made an offer to Lisa, Lisa accepted, case closed. Unless there was some consideration involved (thus turning Lisa's offer to Tom into an Option contract) Lisa was under no obligation to Tom to keep the offer open anyway. However, if Lisa had made the offer to Tom, Tom had written his acceptance of the offer and mailed it, then Lisa would have been contractually bound to sell the computer to Tom as soon as he dropped the letter in the mailbox. But that didn't happen here, so no need to worry about it.

I am not a lawyer, and these are general contract principles as I remember them, so do some checking before you turn in your assignment...
 
I

ivy_white

Guest
thank u very much......
it is very helpful
thx again......
 

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